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Everything posted by Dan001

  1. @catnip757Yea, they later paid the arbitration fee so we are heading for that. Thanks
  2. @alwayswinning36 Thanks so much. It looks like you really proffered a very viable option. I am going the route of counter suing, all the facts that I have point to the fact that they do not have the right information to sue me. I will keep us updated here. Thanks so much
  3. @BB80 They provided a bill of sell and the charge off amount is different from what they are suing for and my credit statement has a different one
  4. @WhoCares1000. Am not talking about fraud , am talking about FDCPA violation, that is misrepresentation unless you state it clearly what is included in the amount. If there is no iteration or breakdown of what makes up the figure, don't you think that it might be a different debt that they are talking about?
  5. @WhoCares1000 If the calculations of the interest does not fit with the stated interest rate , what happens?; The amount sued for is lower than the one reported on the credit report and different from the one on the bill of sales. Does it not matter? Thanks
  6. Is the charged off amount in you credit report supposed to be the same as the amount that the JDB is supposed to sue for? If they are different, will it be a defense towards invalidating the debt ?
  7. @fisthardcheese @BackFromTheDebt@ JAMS sent an email that plaintiff wants to pay the fees and reopen the case for arbitration. I have not submitted my motion for dismissal yet. What do you suggest that I do???? Thanks so much
  8. @fisthardcheese Thanks so much. I wish you all the heavenly blessings instore for you this year and beyond; as well as other people here who have being awesomely helpful to most of us here who don't know anything before now but have navigated this rough terrain with your help. Keep doing the good work, remain blessed
  9. @BigSisterisWatching Thanks; I will see how I will format this to suit my case; thanks so much. I searched some other places and the suggestions are many : motion to dismiss for failure to arbitrate; asking the court to hold them in contempt for failing to carry out the judge's order to arbitrate; constitute an unfair trade practice under the local unfair competition law. these are from attorneys.
  10. @alwayswinning36Thanks so much. I have being searching for an example of such but have not being lucky finding one yet. Thanks so much.
  11. @BackFromTheDebt Yes , the court ordered it. Thanks so much. Please, any sample of this motion? Thanks so much
  12. @fisthardcheese @BV80@BackFromTheDebt@alwayswinning36If the other party did not pay the arbitration fee and JAMS closed the arbitration case and send a closure email to the parties, how do I file that in court to dismiss the case with prejudice: Pls I need the process step by step pls? Thanks so much to all the great people here dedicating their time (money) to help us all out.
  13. Update: The other part has not paid the arbitration fee, so I am still waiting for jams to do something about it because the date they gave them is passed already.
  14. MTC granted; I filled and paid, they gave them a date for them to make payment, I then sent an email for mutual dismissal, the attorney responded with a payment counter offer which I declined. I am waiting for the due date for them to make a payment,
  15. Ok, Thanks. I do have the email, I will do so; I will email him the attorney directly and inform him that what you guys are suing me for is not in consonant with the consumer credit report information and with the BOS too?
  16. @alwayswinning36 I am grateful for the response. Pls inform me if I need to discuss it with them or go to an attorney straight. I just want to get this off my back. You are helping , I won’t hold you responsible. You are sacrificing your self helping us.
  17. @Goody_OuchlessThe credit reporting is different too from the amount that they are suing me, and different from the bill of sales figure Thanks
  18. @BackFromTheDebtWell, I filed and that was my claim because to me, those 2 figures are conflicting when they stated that the balance on that day was some figure lower than in the BOS; if they stated something higher, I will check the interest but telling me that the balance as at the day they sued me was some figure lower is not ok Thanks so much
  19. my case is 5430 in the bill of sales and suing me for 5120
  20. @BackFromTheDebtWhy is $74 not a violation and the other one is? Thanks
  21. @BackFromTheDebt Pls, explain this to me, I really want to know what I am doing; thanks so much FDCPA: sections 1692e and 1692f. SAppx19 (Compl.) ¶ 53. Section 1692e makes it unlawful for a debt collector to “use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” including by making a “false representation of … the character, amount, or legal status of any debt” or by using “any false representation or deceptive means to collect or attempt to collect any debt.”
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